It points out that AI is increasingly embedded throughout advertising production, from ideation and creative development to the final execution of an advertisement. This creates new opportunities for creativity and innovation, but also raises important questions about authenticity, transparency and the information consumers need to understand the commercial content they see.
Transparency that is meaningful, not automatic
EASA's central message is that disclosure should not become a reflex. Rather than labeling every advert touched by AI, businesses should consider whether consumers would genuinely benefit from knowing that AI has been used.
Consequently, the Guide considers the applicable regulatory framework and established self-regulatory principles, especially in the EU AI Act and the European Commission's related Guidelines. It covers the regulatory context, existing self-regulatory and industry practices, the principles that can inform decisions about disclosure, and practical considerations around how to disclose.
Importantly, disclosure of AI use does not replace the fundamental requirement that advertising must never mislead consumers. The Guide makes clear that an advertisement may still be misleading under applicable legal or self-regulatory rules, even where the involvement of AI has been disclosed.
Self-regulation translating principles into practice
EASA suggests advertisers consider three factors:
- How much AI was used? Was AI involved in a limited way, or did it generate most of the content?
- How realistic is the output? Is the content obviously fictional, or could consumers perceive it as real?
- How significant is it? Would the AI-generated element matter to a consumer's understanding of the advert?
The stronger the answer to all three questions, the stronger the case for disclosure.
